The Act to limit lessors' right of eviction and to enhance the protection of senior lessees, assented to on June 6, 2024, prohibits the eviction of a lessee for the purpose of subdividing, enlarging or changing the destination of a dwelling for a period of three years.

Consult the following document to learn more about the exceptions that apply:

Télécharger le PDF : Loi limitant le droit d’éviction des locateurs et renforçant la protection des locataires aînés

Note: Many of the rules set out below apply only to eviction notices sent on or after February 21, 2024. If the notice was sent before that date, the lessee who receives an eviction notice must, if he refuses to leave the dwelling, file an Objection to eviction - Notice given before February 21, 2024 form with the Tribunal administratif du logement. If he fails to do so, he is deemed to have agreed to vacate the dwelling. Where an objection is brought, the burden is on the lessor to show that he truly intends to subdivide, enlarge or change the destination of the dwelling, that this is not a pretext for other purposes and that he is permitted to do so by law. The lessor is legally obligated to pay an indemnity equal to three months’ rent and reasonable moving expenses to the evicted lessee. The lessee may also apply to the Tribunal if he or she considers that the prejudice sustained justifies a higher indemnity.

MANDATORY NOTICE

Télécharger le PDF :  Notice of eviction

The lessor of a dwelling may evict the lessee to divide the dwelling, enlarge it substantially or change its destination.

He must then give a written notice to the lessee.

The notice must indicate the date and the reason for eviction and incorporate the contents of article 1959.1 of the Civil Code of Québec (restrictions on the right to evict if the lessee is 65 years of age or over). It must also be sufficiently clear so that the lessee is able to fully understand the lessor’s intentions and evaluate the impact.

A notice that does not contain all the required information or fails to meet the stipulated deadlines may be declared invalid by the Tribunal.

In addition, there are special rules for private seniors’ residences and other types of housing for seniors. For further information on this topic, please refer to the Signing a lease with a private residence section of our website.

RESTRICTION ON THE RIGHT TO EVICT

The lessor of a dwelling may not evict a lessee if the lessee, or the lessee’s spouse, at the time of the eviction, is 65 years of age or over, has occupied the dwelling for at least 10 years, and has income equal to or less than 125% of the maximum income to qualify for a dwelling in low-rental housing under the By-law respecting the allocation of dwellings in low rental housing.

Note: On June 6, 2024, article 1959.1 of the Civil Code of Québec was amended. The criteria that applied prior to June 6, 2024 continue to apply in the following cases:

• the notice of eviction was sent before 22 May 2024;
• the notice of eviction was sent after 21 May 2024 and the lessee notified the lessor before 6 June 2024 of their intention to comply with the notice;
• the notice of eviction was sent after 21 May 2024 and the lessor applied to Tribunal before 6 June 2024 for authorization to repossess the dwelling.

In such cases, the lessor may not evict a lessee if the lessee or the lessee’s spouse, at the time of eviction:

• is 70 years of age or over;
• has occupied the dwelling for at least 10 years; and
• has income equal to or less than the maximum threshold qualifying the lessee or spouse for a dwelling in low-rental housing according to the By-law respecting the allocation of dwellings in low rental housing (chapter S-8, r. 1).

LESSEE’S RESPONSE

Télécharger le PDF :  Response to a notice of eviction

If the lessee refuses or does not respond to the notice, the lessor can apply to the Tribunal for authorization to evict the lessee. This application must be made within one month of the refusal or expiry of the lessee's response period.

The lessor shall then show the Tribunal that he truly intends to subdivide, enlarge or change the destination of the dwelling, that this is not a pretext for other purposes, and that he is permitted to do so by law.

INDEMNITY AND DAMAGES

The lessor shall pay to the evicted lessee reasonable moving expenses as well as an indemnity equal to one month's rent for each year of uninterrupted lease of the dwelling by the lessee, which indemnity may not however exceed an amount representing 24 months' rent or be less than an amount representing 3 months' rent. If the lessee considers that the injury suffered warrants a greater indemnity, the lessee may apply to the court to have the amount fixed. At the lessee's request, the Tribunal can also set a later date for the lessee's eviction.

The lessee may recover damages resulting from his eviction whether or not he has consented to it, unless the lessor proves that the eviction was in good faith. The lessee may also apply for punitive damages against the person who has evicted him in bad faith.

Authorization to lease the dwelling

A dwelling that has been the subject of an eviction may not, without the authorization of the court, be leased or used for a purpose other than that for which the right was exercised. If the Tribunal gives authorization to lease the dwelling, it fixes the rent.

CONCILIATION

The Tribunal has a conciliation service. This is a simple, fast, free, optional, and confidential service that allows you to meet with the other party with a conciliator present, so you can try to find an amicable solution to your dispute.

To be eligible for a conciliation session, you must first have filed an application with the Tribunal.

For additional information, please refer to the Conciliation between lessor and lessee section.